SAN FRANCISCO, June 11, (THEWILL) – The controversial ban placed on public rallies and protests by the Police in Abuja over the Bring Back Our Girls campaign and advocacy was nullified Wednesday by an Abuja High Court.
The court presided over by Justice Abubakar Talba held that the Police lacked the powers to prevent or stop rallies or possessions being held in respect of the abducted Chibok schoolgirls by Boko Haram in Borno State.
In a judgment he delivered on the matter, Justice Talba declared that the Public Order Act, Cap 382 Laws of Nigeria 1990, which the Police purportedly relied on, “does not authorise men of the NPF to disrupt rallies or possession on the issue of the abducted Chibok girls.
The ruling , which declared unconstitutional the arrest of, and assault on rights activist and former House of Representatives member, Dino Melaye, by men of the NPF during the May 9 rally in Abuja, was in respect of a fundamental rights enforcement suit filed by Melaye, challenging the disruption of the rally he led in Abuja on May 9 to press for the release of the abducted Chibok school girls.
The suit marked: CV/1521/14 which has the Inspector General of Police (IGP) Mohammed Abubakar and Commissioner of Police, FCT Command, Joseph Mbu, was not defended by the respondents.
According to Justice Talba, “The arrest of the applicant an the threat to further arrest him in respect of rallies or possession is unlawful. The disruption of peaceful rallies and procession by agents of the 1st and 2nd respondents is illegal and unconstitutional.”
He also held that since the respondents failed to file any counter process to the one filed by Melaye, they were deemed to have admitted the allegations made against them by the applicant. He therefore ordered the Abubakar and Mbu to “tender a written apology “to the applicant in a national newspaper as provided for under Section 35(6) of the Constitution of the Federal Republic of Nigeria (as amended).
Justice Talba also granted an order of perpetual injunction restraining the respondents and their agents from further “harassing, molesting, intimidating, abducting, arresting, detaining and prosecuting the applicant in respect of peaceful rallies or procession in Abuja or any part of Nigeria.” He also awarded, N150,000 in damages and cost against the respondents and in favour of the applicant.
Melaye had sued the Police shortly after he was arrested and molested by policemen during the May 9 rally in Abuja which he led . The supporting affidavit deposed to by his counsel, Reuben Egwuaba, stated that “men of the NPF, under the instruction of the 1st and 2nd respondents came to the venue of the rallies to arrest the applicant and forcefully beat the applicant on ground that the rallies or possession should be suspended by the applicant and his group.”
